20150811 Ver 2_Approval Letter_20180405

ROY COOPER
Gorurn�n
MICHAEL S. REGAN
1c�n�ar<u�r
Environmental LINDA CULPEPPER
hileriui Uirccmr
QUa/ity
April >, 2018
Caldwell Counry
NC D W R Projec[ No. 2015081 I v2
SR 1369 Improvements
Project No. 1 I C.014088
Modification of 401 WATER QUAWTY CERTIFICATION, wi[h ADUITIONAL CONDITIONS
Mr. Heath Slaughrer, Division Emironmental Officer
NCDOT, Division I I
801 Statesville Road
North Wilkesboro,NC?8659
Dear Mc Slaughter.
This modification of your exis[ine permit dated September 8, 2015, authorizes an additional 30 linear fee[ of
permanent stream impacts for a culven extension at Station 126 + 87 as shown in the summarti table below.
for this Modification in the
Permanenf Fill in
Perennial Stream
Site linear ft
Culvert Riprap
126+87
126- 87
30
�
Temporary Fiil in
Perennial Stream
(linear ft)
Dewatering
40
Stream Impacts Requiring
Mitigation Qinear ft)
Total Stream Impact for the Projec[: 757' + 30' (of new impacts) = 787 linear feet.
This niodificntion ni�thorces 30 ndditio�vul lirrear jee� of impue�s n[ Stulion /26- 87.
The project shall be constructed in accordance with the information you submitted on March I5, ?018. In addition,
you should acquire any other federal, state or local permits before you proceed with your project includina (but not
Iimited to) Sediment and Erosion ConYrol, Non-Discharge and Water Supplq Watershed regulations. This approval
will expire with the accompanying 404 permit.
The description of the proposed action provides adequate assurance thai the proposed action in the Catawba
River Basin in coqjunction wilh the proposed developmenl will not resul[ in a violation of applicable Water Quality
Standards and dischar�e guidelines. Therefore, the State of North Carolina cenities that this activity will not violate
[he applicable portions of Section 301. 30?, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with [he application and conditions hereinafter set forth.
This approval is valid solely for the purpose and design described in your application modification. All the
authorized activities and conditions associated with the original Water Quality Certification dated September 8,
?015 still apply escept where superseded by this certification. Should your project change, you must notify the
NCDWR and submit a new application. Ifthe property is sold, the new owner must be eiven a copy ofthis
Certitication and approval letter, and is thereby responsible for comptying with all the conditions. Iftotal wetland
fills for this project (now or in the fumre) exceed one acre, or of rotal impacts to streams (now or in the fumre)
exceed 300 linear feet, compensatory mitigation may be required as described in I SA NCAC 2H .0506 (h) (6) and
(7). For this approval to remain valid, you must adhere to the conditions listed in the attached cenification(s) and
any additional conditions listed below.
State ol'North Carolina I Environmzntal Quali[y
1617 Mail S�rvict Canter I Ralzigh. North Carohna 27G99-1617

Condition(s) of Certification:
Project Specific Conditions
1. NCDOT shall be in compliance with the NCS000250 issued to the NCDOT, including the applicable
requirements of the NCGO 10000. Please note the extra protections for the sensitive watersheds.
�isa Ncac aB.oi2a(a)-(e)l
2. This project has the potential to impact trout waters or other aquatic species of concern. No construction
activities shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC
determine that a moratorium is applicable then the requirements of any moratorium(s) shall be a condition of
this 401 Certification. If the NCDOT does not wish to honor the moratorium, then a written modification shall
be submitted.
3. For the segment of stream being impacted due to site dewatering activities, the site shall be graded to its
preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
4. The culvert extension shall be designed to mimic natural stream cross section as closely as possible including
flood the plain elevation.[15A NCAC 02H.0506(b)(2)].
5. The stream channel shall be excavated no deeper than the natural bed material of the stream, �to the maximum
extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation
responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to
stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC
02H.0506(b)(2)]
6. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months
of the date that the Division of Energy, Mining and Land Resources (DEMLR) or locally delegated program has
released the specific area within the project. [15A NCAC 02H.0506(b)(3) and (c)(3)]
7. All Conditions of the original Water Quality Certification dated September 8, 2015 still apply except where
superseded by this Certification.
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during narmal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings �
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-431-3100
A copy of the petition must also be served on DENR as follows:
Mr. Bill F. Lane, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center

This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Dave Wanucha at [phone] or [e-mail].
Sincerely,
� J' )
Linda Cul p, Interim irector
Division of Water Resources
Electronic copy only distribution:
Steve Kichefski, US Army Corps of Engineers, Asheville Field Office
Mazella Buncick, US Fish and Wildlife Service
Mazla Chambets, NC Wildlife Resources Commission
File Copy

Environ men tal
QUQ�lCy
NCDWR Project No.:
Applicant:
Projec[ Name:
Date of Issuance of 401 Water QualiTy Certification:
COUO[y:
ROY COOPER
Gorernu.
MICHAEL S. REGAN
�, � � �v<<,-�
LINDA CULPEPPER
Luerint Dirermr
Certificate of Comple[ion
Upon completio� of all work approved within [he 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to retum this certificate to the 401 Transportation Perniittine
Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Center, Raleigh, NC. 27699-1617. This fomi
may be returned to NCDWR by the applicam, the applican['s authorized a�ent, or the project eneineer. It is not
necessarv ro send certiticates from all of these.
,4pP(icant's Certification
L , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built withio substantial
compliance and intent of the 401 Water Quality Certification �nd [3uffer Rules, the approved plans and
specitications, and other supportine materials.
Signature: Dare:
AgenPs Ceriifrcution
I, , hereby state that. ro the best of my abilities, c�ue care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 40I Water Quality Certification and Buffer Rules. the approved plans and
specifications, and other supporting materials.
Sianamre:
Engi�reer's Cer[ifrealion
Partial Final
I. . as a duly re�istered Professional Engineer in the State of North
Carolina, having been au[horized to observe (periodically, weekly, full [ime) the construction of [he project for the
Permittee hereby state [hat, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved pl�ns and specifications, and other supporting materials.
Signature
Date
Registration No.
Stalt ol' Nonh Carolina I Gmironmcmal Qualiry
1617 Mail Sen'ice Cenkr I Raleigh. North Carolina _'7699-1617